Federal Court

Aboriginal Peoples

Applicant not prejudiced by approach when he knew residency was requirement

Applicant was member of respondent who was nominated as candidate in election. Applicant swore declaration that he met eligibility requirements for candidacy. Applicant was elected as councillor. Elections officer received complaint that applicant did not meet residency requirements of election law. Appeal committee held hearing. Applicant asserted he was not permitted to attend hearing. Appeal committee requested documents from applicant but he did not respond. Appeal committee decided to remove applicant from his position as councillor due to his ineligibility to run for council under First nation election law. Applicant sought judicial review. Application dismissed. There was no procedural unfairness. Applicant was not prejudiced by approach when he knew residency was requirement. Applicant was made fully aware of case he had to meet and what appeal committee required him to do. Applicant was given reasonable opportunity to present his case. Election law was not followed to letter, but applicant was informed orally and in writing that his election as councillor was being questioned because his residency was in doubt. Applicant made no effort to attend hearing. Applicant could not shield himself from fact that he knew his residency was in doubt when he accepted nomination by citing formalities of election law. Appeal committee did not unreasonably interpret election law and assume jurisdiction to deal with complaint against applicant in way it did.

Jacko v. Cold Lake First Nations (Nov. 21, 2014, F.C., James Russell J., File No. T-1656-13) 247 A.C.W.S. (3d) 493.

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